PRIVACY POLICY

This Privacy Policy (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following Privacy Policy carefully to understand how we use and protect the information that you provide to us.

By using, or registering on our Site you consent to the collection, use and transfer of your information under the terms of this Privacy Policy.

1. Definitions and Interpretation

1.1 The following words and expressions have the following meanings unless inconsistent with the context:

“Compliance Officer”

our compliance director who can be contacted by post at 25 Grosvenor Street, Mayfair, London, W1K 4QN or by email at Shop@odabash.com;

“Cookies”

a small amount of data sent from the server, which is then stored on your computer’s hard disc drive;

“DPA”

Data Protection Act 1998 as amended from time to time;

“data processors”

“personal data”

“process” or “processing”

“sensitive personal data”

as defined in the DPA;

“Sage Pay Limited”

Sage Pay Europe Limited, a company registered in England and Wales with company number 7492608 whose registered office is at North Park, Newcastle upon Tyne, NE13 9AA;

“Site”

www.odabash.com;

“we”, “us” or “our”

Avalon Fashion Limited, a company registered in England and Wales with company number 4794322 whose registered office is at 25 Grosvenor Street, Mayfair, London, W1K 4QN and who may be contacted on Shop@odabash.com; and

“you”, “your”

an individual, company, or firm accessing our Site.

1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time, and any subordinate legislation made from time to time under the relevant statute or statutory provision.

1.5 Words in the singular include the plural and words in the plural include the singular.

1.6 Any reference to "writing" or any cognate expression includes communications by post and email but not facsimile or text messages.

1.7 The headings to Conditions do not affect the interpretation of these Conditions.

1.8 Any phrase introduced by the term "include", "including", "inparticular" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.

2. Introduction

2.1 This Privacy Policy is a statement as to how we shall process your personal data. We take the security and privacy of you and your personal data very seriously and we are committed to safeguarding your privacy on line. Please be aware that communications over the internet, such as emails, are not secure unless they are encrypted. We do not accept any responsibility for any unauthorised access or loss of personal data beyond our control.

2.2 Our primary reason for collecting your personal data is to address enquiries and process orders which you may make on our Site from time to time and provide you with the most efficient service possible. We do anticipate collecting or processing sensitive personal data about you.

2.3 This Privacy Policy may change from time to time so please check it periodically.

2.4 Our Site may contain links to other websites. Please note that we are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects personal information.

3. Our Policy for Processing your Personal Data

3.1 What personal data do we process and where do we get it from?

3.1.1 When you contact us via the "Contact Us" link on our Site or email us we will collect personal data from you.

3.1.2 Personal information may also be obtained automatically by your internet browser.

3.1.3 If you place an order with us and when you subsequently submit payment for that order we will collect personal data from you.

3.1.4 The types of personal data which we may collect from you could include, for example, your name, email address, postal address, telephone number and other information collected through the "Contact Us" link on our Site.

3.1.5 We may also collect technical and non-personally identifiable information about your visit to our Site through the use of cookies. This information may include, for example the pages which you browse and the “IP” (Internet Protocol) address used to connect your computer to the internet. This information helps us to better manage and develop our Site. Please refer to Condition 4.3 of this Privacy Policy for further information on our use of cookies.

4. What do we do with your Personal Data?

4.1 We will process your personal data so that:

4.1.1 we can process your orders subject to the terms and conditions of our Site;

4.1.2 we can fulfil our obligations to you under any contract subject to the terms and conditions of our Site;

4.1.3 we can deal with the general queries you raise from time to time through the "Contact Us" link on our Site, by post or by email.

4.2.5 for our general marketing purposes unless you have notified us to the contrary.

4.3 Our data processing may take place in other jurisdictions from time to time but continues to be subject to the governing law specified in Condition 10 of this Privacy Policy, except where national law cannot be excluded.

4.4 We use cookies to collect information and identify individual users on our website in order to provide a better experience for you. Further information about the cookies we use can be found in our separate Cookie Policy.

4.5 You acknowledge that by providing personal data to us, you consent to the processing of your personal data in accordance with this Privacy Policy.

5. Who else gets to see your Personal Data?

5.1 Our data processors.

5.2 Third party agents, including but not limited to, Sage Pay Limited, who manage and/or process any payments received from you in relation to orders placed on our Site, or any other business partner, supplier or subcontractor for the performance of any contract we may enter into with you.

5.3 Such couriers or fulfilment service providers used by us from time to time for the purposes of delivering goods to you, where applicable.

5.4 Other third parties such as analytical or search engine providers in order to better optimize or improve our Site.

6. Your Rights

6.1 You have the right to object to your personal data being used for 'direct marketing' and/or 'host mailing' purposes (see Condition 4.2.5 above). You can change your options in relation to the information you wish to receive at any time by contacting our Compliance Officer in writing by post or email.

6.2 You can set your internet browser to refuse cookies or you can ask your internet browser to alert you when a cookie is being set up (see Condition 10 and our Cookie Policy).

6.3 You have the right under the DPA to request from us information as to what personal data we are processing about you. Such requests should be made in writing by post to the Compliance Officer and should be accompanied by a £10.00 fee. We will provide you with the relevant information within 40 days of receipt of the request and the fee in cleared funds.

6.4 You have the right to request corrections be made to the personal data held by us about you by contacting our Compliance Officer in writing by post or email.

6.5 You have other rights under the DPA in relation to our processing of your personal data.

7. Maintenance of your personal data

7.1 We are committed to the security of your personal data. All of our employees and sub-contractors with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.

7.2 We have implemented technology measures and security policies to protect the personal data that we have in our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.

8. General application of our Privacy Policy

8.1 This Privacy Policy only applies to the collection and use of your personal data provided to us and not to personal data you may provide directly to third parties. Any third parties will have their own policies in respect of processing personal data you provide to them and/or your personal data that we may disclose to them in accordance with this Privacy Policy.

9. Contact information

9.1 If you have any queries about our processing or use of your personal data you should write, in the first instance to our Compliance Officer.

9.2 If you want to learn more about your rights regarding your personal data, you should contact the Information Commissioner's office information line on: (0044) 01625 545745 or visit their website at www.ico.gov.uk.

10. Governing Law and Jurisdiction

10.1 This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.

10.2 The parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.

This cookie policy forms part of a layered approach providers may take to comply with this obligation. Providers can either link to the cookie policy directly from a prominent place on their website (for example, the website header), or they can link to it from a short-form notice or the relevant place in their privacy policy.

Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. (By continuing to browse the Site, you are agreeing to our use of cookies.)

When you enter our Site for the first time and where we wish to issue your computer with a cookie, you will be asked to consent to such use. If you wish to reject our cookie, you can decline our request, in which case you may not be able to use the Site or some parts of it. Additionally you can configure your browser to do so, or you can ask your internet browser to alert you when a cookie is being set up. Cookies in themselves do not identify the individual user, just the computer used. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Many websites do this whenever a user visits their website in order to track traffic flows.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. They allow us to recognise and count the number of users and to see how users move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Name

Purpose

Expiry Period

__utma

Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exist. The cookie is updated every time data is sent to Google Analytics.

2 years from set/update.

__utmt

Used to throttle request rate.

10 minutes.

__utmb

Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing__utmb cookies exist. The cookie is updated every time data is sent to Google Analytics.

30 minutes from set/update.

__utmc

Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.

End of browser session.

__utmz

Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.

6 months from set/update.

__utmv

Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated_setVar method. The cookie is updated every time data is sent to Google Analytics.

2 years from set/update.

Third-party cookies

Third-party cookies

Since they do not have a direct relationship with the user, third parties (for example, advertising networks) that want to place cookies on users' equipment through a website that they do not operate themselves will find it difficult to provide users with the necessary information and to obtain valid consent. The Information Commissioner's guidance therefore raises the possibility that third parties may wish to consider including a contractual obligation into their agreements with website owners that imposes an obligation on those website owners to satisfy themselves that appropriate steps will be taken to provide information about the third-party cookies and obtain consent.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

Blocking Cookies

You are able to block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site.

Information on how to block cookies can usually be found within the “Help” feature of your browser. Information can also be found on the main browser websites.